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Texting a factor in fatal Flagler crash

Published: Saturday, December 8, 2012 at 4:30 p.m.

Last Modified: Saturday, December 8, 2012 at 4:30 p.m.

PALM COAST — Investigators are weighing whether to file a charge of vehicular homicide against a woman who said she was texting while driving before a fatal crash in Flagler County, according to the Florida Highway Patrol.

Brandy Michelle Cannon, 22, "admitted she was texting" in the crash that killed a 40-year-old Palm Coast woman last year, a report from the FHP states. Cannon was driving on State Road 100 when she crossed into the oncoming traffic lane because she was texting, according to the report.

Texting while driving is not illegal in Florida, but investigators are considering it a factor in their investigation, which could lead to a vehicular homicide charge or just a noncriminal traffic citation.

The crash happened about 10:25 p.m. Oct. 29, 2011, on S.R. 100 near County Road 45 in western Flagler County. Cannon was headed west in her Dodge Neon and drifted into the eastbound lane, continuing for some distance, according to a diagram from the FHP.

Cannon's Dodge nearly crashed into an eastbound pickup before smashing into a Ford Explorer driven by Kimberly Dionne Lacy, 45, of Bunnell. Lacy survived but her passenger, Loretta Ann Patterson, died of her injuries the next day, about three hours after the accident, at Halifax Medical Center in Daytona Beach.

The long wait for a decision on possible charges has frustrated Loretta Patterson's family, including a sister, Diane Patterson, 42, of Palm Coast.

"To go on this long and nothing has happened, it's very frustrating," Patterson said. "It makes you angry."

She said she hears about other texting-while-driving crashes on the news but didn't think much about it until the issue impacted her life.

DISTRACTED DRIVERS

State Sen. Nancy Detert, a Republican from Venice, has introduced a bill for next year's legislative session to prohibit texting while driving. A similar bill died in the Legislature during this year's session. The bill would make it a secondary offense, meaning a driver could only be ticketed for texting while driving if stopped for another traffic infraction.

Florida is one of six states, along with Arizona, Hawaii, Montana, South Carolina and South Dakota, that does not have any ban on texting while driving. Thirty-nine states ban texting for all drivers. Others have limited bans.

In 2011, there were 25,156 crashes in Florida involving a distracted driver, according to the Florida Department of Highway Safety and Motor Vehicles. Of those, 180 involved texting. Another 2,770 crashes involved a driver on a cellphone or other electronic communication device. And 13,640 are listed as inattentive without any more specific reason listed.

Many drivers are motoring around distracted by something or other, said FHP Sgt. Richard Davis, a traffic homicide supervisor.

"To me, it's preoccupation," Davis said. "It's serious because you see so much of it now. And the media and everybody wants to point the finger at texting and driving, which is dangerous, but there are other things."

Other things like reaching into a potato chip bag. Davis said he once worked a fatal accident in which a driver looked down to do just that. The next thing that happened was he slammed into the back of a tractor-trailer, killing him and his wife. Troopers found the bag in the center console.

"He's hand was still in the potato chip bag," Davis said.

According to the statistics, 4,290 drivers were distracted by something inside the vehicle. That is apparently what happened to Antonio Castanheira of Palm Coast about 4:20 p.m. Nov. 30, 2011, as he drove south on Sesame Boulevard.

Castanheira, 36, told investigators he was distracted by his two sons and looked back at them in the back seat. His vehicle hit Josefina Reid, 54, as she walked just south of Seven Wonders Trail. The Palm Coast woman died of her injuries.

Castanheira received a citation for failing "to use due care toward pedestrian." He was found guilty, fined $1,000 and his license was suspended for six months.

CARELESS OR RECKLESS?

In considering whether to charge Cannon with vehicular homicide in the accident, investigators must decide whether Cannon was simply careless or criminally reckless.

If charged and then convicted of vehicular homicide, Cannon could be sent to prison for 15 years. That is a much stiffer penalty than she would face if she is instead charged and convicted of careless driving involving a death, which would require a driver to appear in court to face a fine of $1,000 and a driver's license suspension of up to one year. The driver could also be ordered to serve 120 hours of community service in a trauma center. A careless driving fine without a death calls for a fine of about $164, which varies a little by county, and 3 points on the license.

Davis declined to speak specifically about Cannon's case, but he listed some factors in general terms and not specific to the Cannon case.

In general, decisions on what charges to file can be influenced by a variety of factors, including whether the driver crossed the center line for one deadly split second versus a driver who crosses the center line and drives in the wrong lane for some distance, Davis said.

"Careless was 'oops,' " Davis said. "Reckless means I don't give a damn what I'm doing. I don't care about that. I don't care about this. I'm going to drive the way I want."

If a preoccupied driver drifts into a lane for a split second and kills someone, that would be careless but it would not be reckless, Davis said.

"Reckless is when there is more to it," Davis said. "Are there drugs involved? Is there alcohol involved? Am I driving on the wrong side of the road for a long time because I'm texting?"

When a careless driver gets only a traffic citation, it's difficult explaining that to the family who lost a loved one.

"The hard ones are when all they are getting is a ticket, because it's just an accident," Davis said. "It's tough to tell a family member that's all they are going to get."

TWO CASES, DIFFERENT CHARGES

Walter Griffin Woodward was texting while driving on May 10 when he lost control and crossed into an opposing lane on U.S. 27 northwest of Ocala, colliding with a car and killing the other driver, Bobby C. Morgan, 71, of Morriston, according to the FHP.

But Woodward, also of Morriston, was cited for careless driving and nothing more serious. The fact that it's not against the law to text while driving influenced the direction of the investigation, said FHP Cpl. Leslie Weber.

"Did he cause the accident because he was driving while texting? Yes, he flat out admitted it," Weber said in a phone interview.

But since it's not against the law to text and drive in Florida, investigators must take other factors into account as well, Weber said.

"It's all about circumstances surrounding the investigation and the person being charged," Weber said. "This was basically no different than someone driving down the road and losing control because they are eating a hamburger or drinking a soda or looking down for some reason and next thing you know they are off the road."

In another Florida case, a driver accused of texting was charged with felonies. Gino Tutera, 34, a mixed martial arts fighter from Parrish, was charged with two counts of vehicular homicide after an accident in March in Polk County. The crash killed Bobbie J. Herring, 73, of Avon Park, and Karen B. Holmes, 60, of Lithia.

But Tutera was doing more than just texting and driving, investigators said. Tutera is accused of passing in a no-passing zone as he neared the crest of a hill, according to a charging affidavit. Tutera was also driving about 80 mph in a 60-mph speed zone, the affidavit said. And Tutera was texting — a lot, investigators said.

In the 54 minutes between the time Tutera drove away from his house and crashed, investigators found he made or received 51 text messages and took two phone calls, one lasting 15 minutes. Dispatchers received the 9-1-1 call about the accident at 3:39 p.m. March 21. Between 3:32 and 3:37 p.m., Tutera received seven text messages and sent four, according to an investigative report.

Investigators said Tutera's speeding and passing violation, along with the texting and phone calls, "showed a willful and wanton disregard for the safety of persons operating vehicles on the roadway" and constituted reckless driving. That resulted in Tutera being charged with the two counts of vehicular homicide, according to an affidavit from the Polk County Sheriff's Office.

FAMILY WAITS

Loretta Patterson was returning from Palatka with her friend Lacy on the night of the fatal accident, said her sister, Diane Patterson.

At the time of the crash, Cannon lived in Daytona Beach, but she is now locked up, serving a two-year term in federal prison. About two months after the fatal crash, Cannon pleaded guilty to a federal conspiracy charge in Orlando related to a scheme involving stolen credit card accounts.

And coincidentally, the other driver, Kimberly Lacy, is also incarcerated. Lacy was arrested in July on a charge of sale of oxycodone during a police sweep called "Operation Pain Management." She was sentenced in September to two years in state prison.

Davis said investigators are working hard to complete their investigation into the Cannon case, and he understands the Patterson family's frustration.

Loretta Patterson worked for Sea Ray Boats in Flagler County for 12 years before her death, Diane Patterson said. She graduated from Flagler Palm Coast High School in 1989. A graduation picture of her in a green robe was among the many shown on a funeral program.

<p>PALM COAST &mdash; Investigators are weighing whether to file a charge of vehicular homicide against a woman who said she was texting while driving before a fatal crash in Flagler County, according to the Florida Highway Patrol. </p><p>Brandy Michelle Cannon, 22, "admitted she was texting" in the crash that killed a 40-year-old Palm Coast woman last year, a report from the FHP states. Cannon was driving on State Road 100 when she crossed into the oncoming traffic lane because she was texting, according to the report. </p><p>Texting while driving is not illegal in Florida, but investigators are considering it a factor in their investigation, which could lead to a vehicular homicide charge or just a noncriminal traffic citation. </p><p>The crash happened about 10:25 p.m. Oct. 29, 2011, on S.R. 100 near County Road 45 in western Flagler County. Cannon was headed west in her Dodge Neon and drifted into the eastbound lane, continuing for some distance, according to a diagram from the FHP. </p><p>Cannon's Dodge nearly crashed into an eastbound pickup before smashing into a Ford Explorer driven by Kimberly Dionne Lacy, 45, of Bunnell. Lacy survived but her passenger, Loretta Ann Patterson, died of her injuries the next day, about three hours after the accident, at Halifax Medical Center in Daytona Beach. </p><p>The long wait for a decision on possible charges has frustrated Loretta Patterson's family, including a sister, Diane Patterson, 42, of Palm Coast. </p><p>"To go on this long and nothing has happened, it's very frustrating," Patterson said. "It makes you angry." </p><p>She said she hears about other texting-while-driving crashes on the news but didn't think much about it until the issue impacted her life.</p><p></p><p><b>DISTRACTED DRIVERS</b> </p><p>State Sen. Nancy Detert, a Republican from Venice, has introduced a bill for next year's legislative session to prohibit texting while driving. A similar bill died in the Legislature during this year's session. The bill would make it a secondary offense, meaning a driver could only be ticketed for texting while driving if stopped for another traffic infraction. </p><p>Florida is one of six states, along with Arizona, Hawaii, Montana, South Carolina and South Dakota, that does not have any ban on texting while driving. Thirty-nine states ban texting for all drivers. Others have limited bans.</p><p>In 2011, there were 25,156 crashes in Florida involving a distracted driver, according to the Florida Department of Highway Safety and Motor Vehicles. Of those, 180 involved texting. Another 2,770 crashes involved a driver on a cellphone or other electronic communication device. And 13,640 are listed as inattentive without any more specific reason listed. </p><p>Many drivers are motoring around distracted by something or other, said FHP Sgt. Richard Davis, a traffic homicide supervisor. </p><p>"To me, it's preoccupation," Davis said. "It's serious because you see so much of it now. And the media and everybody wants to point the finger at texting and driving, which is dangerous, but there are other things." </p><p>Other things like reaching into a potato chip bag. Davis said he once worked a fatal accident in which a driver looked down to do just that. The next thing that happened was he slammed into the back of a tractor-trailer, killing him and his wife. Troopers found the bag in the center console. </p><p>"He's hand was still in the potato chip bag," Davis said. </p><p>According to the statistics, 4,290 drivers were distracted by something inside the vehicle. That is apparently what happened to Antonio Castanheira of Palm Coast about 4:20 p.m. Nov. 30, 2011, as he drove south on Sesame Boulevard. </p><p>Castanheira, 36, told investigators he was distracted by his two sons and looked back at them in the back seat. His vehicle hit Josefina Reid, 54, as she walked just south of Seven Wonders Trail. The Palm Coast woman died of her injuries. </p><p>Castanheira received a citation for failing "to use due care toward pedestrian." He was found guilty, fined $1,000 and his license was suspended for six months.</p><p></p><p><b>CARELESS OR RECKLESS?</b> </p><p></p><p> </p><p>In considering whether to charge Cannon with vehicular homicide in the accident, investigators must decide whether Cannon was simply careless or criminally reckless. </p><p>If charged and then convicted of vehicular homicide, Cannon could be sent to prison for 15 years. That is a much stiffer penalty than she would face if she is instead charged and convicted of careless driving involving a death, which would require a driver to appear in court to face a fine of $1,000 and a driver's license suspension of up to one year. The driver could also be ordered to serve 120 hours of community service in a trauma center. A careless driving fine without a death calls for a fine of about $164, which varies a little by county, and 3 points on the license. </p><p>Davis declined to speak specifically about Cannon's case, but he listed some factors in general terms and not specific to the Cannon case. </p><p>In general, decisions on what charges to file can be influenced by a variety of factors, including whether the driver crossed the center line for one deadly split second versus a driver who crosses the center line and drives in the wrong lane for some distance, Davis said. </p><p>"Careless was 'oops,' " Davis said. "Reckless means I don't give a damn what I'm doing. I don't care about that. I don't care about this. I'm going to drive the way I want." </p><p>If a preoccupied driver drifts into a lane for a split second and kills someone, that would be careless but it would not be reckless, Davis said. </p><p>"Reckless is when there is more to it," Davis said. "Are there drugs involved? Is there alcohol involved? Am I driving on the wrong side of the road for a long time because I'm texting?" </p><p>When a careless driver gets only a traffic citation, it's difficult explaining that to the family who lost a loved one. </p><p>"The hard ones are when all they are getting is a ticket, because it's just an accident," Davis said. "It's tough to tell a family member that's all they are going to get."</p><p></p><p><b>TWO CASES, DIFFERENT CHARGES</b> </p><p></p><p> </p><p>Walter Griffin Woodward was texting while driving on May 10 when he lost control and crossed into an opposing lane on U.S. 27 northwest of Ocala, colliding with a car and killing the other driver, Bobby C. Morgan, 71, of Morriston, according to the FHP. </p><p>But Woodward, also of Morriston, was cited for careless driving and nothing more serious. The fact that it's not against the law to text while driving influenced the direction of the investigation, said FHP Cpl. Leslie Weber. </p><p>"Did he cause the accident because he was driving while texting? Yes, he flat out admitted it," Weber said in a phone interview. </p><p>But since it's not against the law to text and drive in Florida, investigators must take other factors into account as well, Weber said. </p><p>"It's all about circumstances surrounding the investigation and the person being charged," Weber said. "This was basically no different than someone driving down the road and losing control because they are eating a hamburger or drinking a soda or looking down for some reason and next thing you know they are off the road." </p><p>In another Florida case, a driver accused of texting was charged with felonies. Gino Tutera, 34, a mixed martial arts fighter from Parrish, was charged with two counts of vehicular homicide after an accident in March in Polk County. The crash killed Bobbie J. Herring, 73, of Avon Park, and Karen B. Holmes, 60, of Lithia. </p><p>But Tutera was doing more than just texting and driving, investigators said. Tutera is accused of passing in a no-passing zone as he neared the crest of a hill, according to a charging affidavit. Tutera was also driving about 80 mph in a 60-mph speed zone, the affidavit said. And Tutera was texting &mdash; a lot, investigators said. </p><p>In the 54 minutes between the time Tutera drove away from his house and crashed, investigators found he made or received 51 text messages and took two phone calls, one lasting 15 minutes. Dispatchers received the 9-1-1 call about the accident at 3:39 p.m. March 21. Between 3:32 and 3:37 p.m., Tutera received seven text messages and sent four, according to an investigative report. </p><p>Investigators said Tutera's speeding and passing violation, along with the texting and phone calls, "showed a willful and wanton disregard for the safety of persons operating vehicles on the roadway" and constituted reckless driving. That resulted in Tutera being charged with the two counts of vehicular homicide, according to an affidavit from the Polk County Sheriff's Office.</p><p></p><p><b>FAMILY WAITS</b> </p><p></p><p> </p><p>Loretta Patterson was returning from Palatka with her friend Lacy on the night of the fatal accident, said her sister, Diane Patterson. </p><p>At the time of the crash, Cannon lived in Daytona Beach, but she is now locked up, serving a two-year term in federal prison. About two months after the fatal crash, Cannon pleaded guilty to a federal conspiracy charge in Orlando related to a scheme involving stolen credit card accounts. </p><p>And coincidentally, the other driver, Kimberly Lacy, is also incarcerated. Lacy was arrested in July on a charge of sale of oxycodone during a police sweep called "Operation Pain Management." She was sentenced in September to two years in state prison. </p><p>Davis said investigators are working hard to complete their investigation into the Cannon case, and he understands the Patterson family's frustration. </p><p>Loretta Patterson worked for Sea Ray Boats in Flagler County for 12 years before her death, Diane Patterson said. She graduated from Flagler Palm Coast High School in 1989. A graduation picture of her in a green robe was among the many shown on a funeral program. </p><p>"She was very smart, energetic, hard working," Diane Patterson said. "She was always looking out for others. She always put herself last." </p><p>Loretta Patterson enjoyed playing bingo and that's how she met Lacy, who was driving the car the night of the accident, Diane Patterson said. </p><p>She said her sister left behind three daughters, Quannesia Patterson, 25, Laquesia Patterson, 23, and Caswayla McCaster, 16. </p><p>"They are taking it pretty hard as well," Diane Patterson said. </p><p>Diane Patterson said her and Loretta Patterson's birthdays were separated by only three days. They always held one party to celebrate both birthdays. </p><p>"We have always shared our birthdays," she said, her voice trailing off.</p>